(A) (1) Upon a finding that the licensee has sold alcoholic beverages to another retail licensee for the purpose of resale; purchased alcoholic beverages from another retail licensee for the purposes of resale; conducted or permitted the conduct of gambling on the licensed premises in violation of the law; failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under Minnesota Statutes; or failed to comply with any other applicable state statute or rule, or code provision herein relating to alcoholic beverages, the city may revoke the license, suspend the license for up to 60 days, or impose upon the licensee a civil penalty up to $2,000 for each violation, or impose any combination thereof. A civil penalty imposed upon the licensee under this section shall be as established in § 35.27 of this code. A fourth or more violation within a 24-month period shall be subject to a civil penalty as determined by City Council resolution. The licensee shall pay the civil penalty within 30 days of the date of a notice from the city. If the licensee fails to pay the civil penalty within 30 days of notice, the licensee’s license shall be suspended until the civil penalty, plus any surcharge or interest for late payment, is paid in full. After the third offense within a 24-month period, the license shall be suspended for not less than seven days.
(2) No suspension or revocation of a license or civil penalty under this subparagraph shall take effect until the licensee has been given an opportunity for a hearing under the Minnesota Administrative Procedure Act. If the licensee files a request for hearing with the City Clerk within five business days of the date of the notice of the license action or civil penalty, the City Clerk shall schedule a hearing before a hearing officer duly appointed by the City Administrator. In the event that the licensee fails to timely request a hearing or fails to appear at a scheduled hearing, the licensee shall be deemed to have waived his/her right to a hearing and shall be subject to the license action or civil penalties imposed hereunder.
(B) Inactive license. The City Council may revoke the intoxicating liquor, wine or 3.2% malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six months from its issuance, or any establishment that ceases operation for a period of six months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license.
(‘81 Code, § 3-54) (Ord. 458, passed 9-21-89; Am. Ord. 624, passed 1-23-97; Am. Ord. 695, passed 6-14-01)